variation
exceeds 20% of the basic price of
materials mentioned below, the price
variation shall be applicable during the
currency of contract ..., contained under ... clear that, variation
exceeds 20% of the basic price of materials then
price variation shall be applicable during the
currency of the contract
variation order no.3 dated
16th January, 2020. According to Mr. Subramanium, the said variation order
no.3 changed the contract expiry date ... unfinished work by the Contractor. Since the contract
itself stands extended as per the variation order and time has been granted
increase or
decrease of any work stipulated in the contract is
a variation.
(2). The Clause 52.2 deals with two situations viz
(a) when ... increase
or decrease of any work stipulated in the
contract is a variation.
(2) The Clause 52.2 deals with two
situations viz, (a) when
sales to
sister concerns and vice versa.
(3) Timing of contracts & price variation even among superior grades
purpose of the Contract, it is agreed that the
'Contract Price' specified in Article 2 ("Contract
Price" & "Terms ... Contract Price shall be allowed within the
extended "Time for Completion" of the Contract.
14.6.2
The adjustment in the Contract Price towards
variation
contractor claimed additional amounts by relying on
the price variation clause in said contract; that such additional amount
was claimed towards material / labour ... crores
towards material and labour based on price variation clause in said
contract became the bone of contention between contractor and IIT; that
contract,
O.M.P.(I) (COMM)109/2020 Page 2 of 23
was 3rd September, 2017. After the initial contract, several variation orders
were placed ... Contract. "
24. Breach of contract has been alleged by DLF, however, no notice of
termination has also been served upon the Petitioner. The contract
contracted. If the original parties
have expressly agreed to vary the terms of the original
contract no further question arises. The original
contract has gone ... surety cannot be bound to something for which he has not contracted. Any
variation in the original contract cannot bind the surety unless
contract, the contract price agreed is on a unit rate fixed
price basis during the currency of the contract as per clause
Page ... Contract. The fixed price contract insulated
the project from exchange rate fluctuations for the duration of
contract. The cost of exchange rate variation during
first place, that the contract is
in existence and second, such contract is
substituted by a new contract either by the
same parties or different ... results in substitution,
recession or extinguishment of the
previous contract by the new contract.
Mere variation of some terms of a contract
does not constitute
